Terms and conditions

Vodafone Protect Agreement - before 12 August 2013

This is a licence agreement between you and Vodafone regarding your use of the Vodafone Protect application (the “Service”). The Service includes software licenced by McAfee Security Sarl. This agreement is in addition to your Airtime Conditions. By registering, you accept you have read and agree to these terms. If you do not agree to these terms, please do not use the Service.

Summary

The Service is a security solution for your device. It consists of Find, Lock and Wipe service which enables you to Find, Lock and Wipe your device remotely in case of loss or theft. The premium part of the Service also enables you to use the Web protection, Security scan, App protection and Call and text filtering features. You must register to use the Service. To use Protect you will need to register and your phone will automatically send a text as part of the verification process. This is charged at our standard rate. For more information please refer to your price plan guide. You can upgrade from the Find, Lock and Wipe to the premium part of the Service at any time. To use the premium part of the Service, you need to pay a subscription fee every calendar month. You can unsubscribe and unregister at any time.

We grant you a non-exclusive, non-transferrable licence to download, install, update and operate the Service on your device. We'll provide you access to the features of the Service for the time you agree to use the Service. We have the right to end or suspend your use of the Service without telling you if you don't keep to these terms.

The Service is for your personal, non-commercial use only, on the device that you own (or hire). You may only use the Service for one device; any additional devices will require an additional registration.

By registering for the Service your information will be stored and your location is traceable.

Your subscription

A subscription fee is payable every calendar month to keep the premium part of the Service active on your device. For more information on the fee go to www.vodafone.co.uk/vodafoneprotect. Your fee does not include any additional charges or costs associated with the use of the Service. You are responsible for any additional charges incurred. This may include data and text message charges when using the Find, Lock and Wipe features. These charges could be considerably higher if you are using the Service abroad. For Pay as you go customers, you need to have credit on your device so the Service can make data requests to find your missing device.

Managing your account

You can manage the Find, Lock and Wipe features of the Service using an account on your device and online at www.vodafone.co.uk/discover-vodafone/vodafone-protect. You are responsible for the activity that occurs on your account. You must keep your account password and PIN secure, and notify us immediately of any breach of security or unauthorised use of your account.

Find, Lock and Wipe

The Service allows you to remotely Find, Lock and Wipe content on your device subject to the limitations below. The content you can wipe will depend on the device that you own. For more information, visit http://help.vodafone.co.uk. You agree that these features are for your personal use only, and that you will not use them to perform or engage in any activities that are unauthorised, illegal or inappropriate, including harassing or stalking individuals.

Limitations of the Service

You are responsible for the cost of your device. You'll need to check your device meets the system requirements of the Service, this includes updating or upgrading from time to time. McAfee may modify system requirements or the application at any time.

We do not warrant or accept any liability for operation of the device used to access the Service. In order to use the location feature your device must be switched on, connected to our network and have an internet allowance. The location accuracy is dependent on whether your device has GPS or Wi-Fi enabled when the Find command is sent to your device.

For the Find, Lock and Wipe functions to perform your device must be switched on, with your SIM inserted and you must be connected to our network. Third party applications installed or embedded on your device may interfere with the Wipe functions of the Service.

Ending your use of the Service

Your subscription to the premium part of the Service is a rolling agreement each calendar month and will continue unless you inform us otherwise or we disconnect your account from our network. You may close your account and end your subscription at any time, for any reason. If you have paid for a calendar month you won't get a refund but you will be able to use the premium service to the end of the calendar month.

If you don't have credit on your account when we try to take payment, the features of the premium service will not work but you'll have access to the features of the Find, Lock and Wipe service. To use the features of the premium service, you'll need to make a subscription.

Warranty

We maintain reasonable technical safeguards to provide the security solution that helps you to Find, Lock and Wipe your device remotely in case of loss or theft, and in the course of providing the Service. The use of the Service is subject to the use and availability of appropriate network connections.

The Service is provided 'as is' and to the extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms not expressly stated in these terms, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to your use of the Service and related software. We don't warrant that your use of the Service will be error-free, uninterrupted, available at all times or will protect against all possible threats or other failures.

Our responsibilities to you

We are legally responsible to you if our negligence causes death or personal injury or we act fraudulently.

We will not be legally responsible to you, or for any damages, for:

loss of income or profits;

loss of use of the Service;

loss of data;

lost business or missed opportunities; or

any loss or damage that is not directly caused by us or which we could not reasonably expect at the time you entered into this agreement.

We will not be legally responsible to you if we cannot provide the Service because of something outside of our reasonable control.

Unless our negligence causes death or personal injury, our liability to you will not be more than £400 for each claim or a series of related claims.

The terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude by agreeing it with you.

Restrictions

We reserve the right to suspend or end this agreement and your use of the Service if you have or are attempting to:

Use the application as a means to track or monitor the location and activities of any individual without their express consent and authorisation or use the Service to harvest personal information about other users for any reason;

Transmit content that is unlawful, invasive of another's privacy, or inappropriate;

Victimise, harass, degrade, or intimidate an individual or group of individuals for any reason;

Encourage conduct that would constitute a criminal offence or could give rise to any cause of action;

Engage in any activity that otherwise interferes with the use and enjoyment of the Service by others; or

Damage our reputation or that of a third party.

No transfer of the Service

You may not rent, lease, license, loan or assign your rights to the Service to another person. If you use the Service on a device and you transfer ownership of that device to someone else, then please de-register the Service on your device before you pass the device to someone else.

Contact with McAfee

Certain features of the Service require access to and communication with McAfee servers through our network. These features include software downloads and updates, device tracking, locking and wiping, and collection of device information. These features are necessary to provide the Service and may result in data and text charges.

Your personal information

You are prompted to enter your mobile phone number when installing the application — this is for product registration.

The application also links the identity of your device with the identity of your SIM card — if the SIM is changed, an alarm will sound until you silence it with your PIN.

Make sure your PIN is hard to guess, and keep it secret — this is essential for your privacy. If someone knows your mobile phone number and can guess your PIN, they are able to find, lock and wipe your device.

If you use the web portal to locate your device, it will attempt to show you your device's location on a map. This map is supplied by Google, who has its own (Google) privacy policy.

Software upgrades

When the software automatically performs updates, upgrades or repairs, you agree not to interfere with or prevent such activities. We may establish policies and practices to modify the operation and availability of the application to maximize the benefit for all customers. McAfee can release updates for the application but they will only be deployed to customers after our approval.

Changing these terms or the Service

We may change these terms and the Service at any time. If the changes are likely to disadvantage you, we will give you a minimum of 30 days' notice. Don't forget, you can unsubscribe and unregister at any time.

Customer Contact

If you have any questions concerning these terms, or you would like to contact us for any other reason, please go to www.vodafone.co.uk/vodafoneprotect.

General

This is the entire agreement between you and us for the Service. This agreement does not cover buying or maintaining your device or your use of a SIM card.